Carpenter v. McClure
Supreme Court of Vermont
Assumpsit upon a promissory note executed by' the defendant and payable to the plaintiff. Plea, the general issue, and two special pleas in bar, — to which the plaintiff replied, and to the replication the defendant demurred.
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Assumpsit upon a promissory note executed by' the defendant and payable to the plaintiff. Plea, the general issue, and two special pleas in bar, — to which the plaintiff replied, and to the replication the defendant demurred. The defendant alleged in his pleas that on the-— day of December, 1850, the plaintiff was possessed of certain goods and chattels named for which this note was given, as the property of one William F. McClure, the plaintiff having no interest therein, but holding possession of and claiming title to the same for the purpose of protecting it from attachment by the…
1Opinion of the CourtPierpoint, J.
The questions in this case arise upon a demurrer to the plaintiff’s replication to the defendant’s plea.
' The only question raised upon the replication is whether the judgment rendered in the suit in favor of Boutwell against William F. McClure in which the defendant here was cited in as trustee, and this plaintiff as claimant, is conclusive as to the plaintiff’s right to recover the amount of the note then in controversy, of this defendant.
This question must be determined by the construction of our statute regulating the proceedings by trustee process, and the legal effect by such…
2Cited by11 opinions
- Morris v. CarrosoAppellate Court of Illinois · 1937
- Buckingham v. ShoyerAppellate Court of Illinois · 1900
- Commercial National Bank v. Payne ex rel. Cunningham Sons Co.Appellate Court of Illinois · 1895
- F. N. Phillips Co. v. Gay's Express, Inc.Supreme Court of Vermont · 1941
- Walton v. Detroit Copper & Brass Rolling MillsAppellate Court of Illinois · 1890
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